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ADE EKIYOR v. THE STATE

(2021) JELR 109311 (CA)

Court of Appeal  •  CA/B/314C/2016  •  18 Nov 2021  •  Nigeria

Coram
Biobele Abraham Georgewill, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The appellant was the 2nd accused person in Information No. B/9C/2008 filed at the High Court of Edo State, Benin Judicial Division (the trial Court). Along with his co-accused person, he was charged in the amended information with the one count of conspiracy and two counts of armed robbery contrary to Section 6(b) and punishable under Section 1(2) and Section 1(2)(a), respectively, of the Robbery And Firearms (Special Provisions) Act, Cap R 11, Laws of The Federation of Nigeria, 2004.

To prove its case, the prosecution called two witnesses and tendered four exhibits. The appellant testified for himself and did not call any other witness. After taking written addresses from counsel and on 29/10/2014, the trial Court presided over by J.U. Oyomire, J., held that the prosecution had proved its case against the appellant and the co-accused person beyond reasonable doubt. It therefore found them guilty as charged. The trial Court …

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